us-ar/statute/session-laws/2017r

(act-78)Arkansas Act 78 of the 2017 Regular Session#

(act-78)(document-1)#

Stricken language would be deleted from and underlined language would be added to present law. Act 78 of the Regular Session *JLL102* 01-10-2017 11:39:25 JLL102

State of Arkansas As Engrossed: S1/19/17

1 91st General Assembly A Bill

2 Regular Session, 2017

SENATE BILL 115 3

4 By: Senators J. Hendren, Hester, Bledsoe, E. Cheatham, J. Dismang, L. Eads, J. English, Files, S. 5 Flowers, T. Garner, J. Hutchinson, Irvin, B. Johnson, Rapert, B. Sample, D. Sanders, Teague, D. 6 Wallace, E. Williams 7 By: Representatives Pitsch, Collins, Davis, Dotson 8

9 For An Act To Be Entitled 10 AN ACT TO CREATE THE TAX REFORM AND RELIEF ACT OF 11 2017; TO AMEND THE INCOME TAX RATES APPLICABLE TO 12 INDIVIDUALS, TRUSTS, AND ESTATES; TO CREATE THE 13 ARKANSAS TAX REFORM AND RELIEF LEGISLATIVE TASK 14 FORCE; TO DECLARE AN EMERGENCY; AND FOR OTHER 15 PURPOSES. 16

18 Subtitle 19 TO CREATE THE TAX REFORM AND RELIEF ACT 20 OF 2017; AND TO DECLARE AN EMERGENCY. 21

23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24

SECTION 1. DO NOT CODIFY. This act shall be known and may be cited as 26 the "Tax Reform and Relief Act of 2017". 27

SECTION 2. Arkansas Code § 26-51-201(a)(7) and (8), concerning the 29 income tax imposed on individuals, trusts, and estates, is amended to read as 30 follows: 31

(7) For tax years beginning on and after January 1, 2016, every 32 Every resident, individual, trust, or estate having net income greater than 33 or equal to twenty-one thousand dollars ($21,000), but less than or equal to 34 seventy-five thousand dollars ($75,000), shall determine the amount of income 35 tax due under this subsection in accordance with the table set forth below: 36

As Engrossed: S1/19/17 SB115

2 01-10-2017 11:39:25 JLL102

From Less Than or Equal To

Rate 1

$4,299

0.9% 0.75% 2

$4,300 $8,399

2.5% 3

$8,400 $12,599

3.5% 4

$12,600 $20,999

4.5% 5

$21,000 $35,099

5% 6

$35,100 $75,000

6% 7

(8) For tax years beginning on and after January 1, 2015, every 8 Every resident, individual, trust, or estate having net income of less than 9 twenty-one thousand dollars ($21,000) shall determine the amount of income 10 tax due under this subsection in accordance with the table set forth below: 11

From Less Than or Equal To

Rate 12

$4,299

0.9% 0% 13

$4,300 $8,399

2.4% 2% 14

$8,400 $12,599

3.4% 3% 15

$12,600 $20,999

4.4% 3.4% 16

SECTION 3. TEMPORARY LANGUAGE. DO NOT CODIFY. Arkansas Tax Reform 18 and Relief Legislative Task Force – Creation – Membership – Duties. 19

(a) There is created the Arkansas Tax Reform and Relief Legislative 20 Task Force. 21

(b)(1) The task force shall consist of the following sixteen (16) 22 members of the General Assembly: 23

(A) The President Pro Tempore of the Senate, or his or her 24 designee who is a member of the Senate; 25

(B) Five (5) members of the Senate appointed by the 26 President Pro Tempore of the Senate; 27

(D) The Senate Minority Leader, or his or her designee who 30 is a member of the Senate; 31

(E) The Speaker of the House of Representatives, or his or 32 her designee who is a member of the House of Representatives; 33

(F) Five (5) members of the House of Representatives 34 appointed by the Speaker of the House of Representatives; 35

(G) The House Majority Leader, or his or her designee who 36

As Engrossed: S1/19/17 SB115

3 01-10-2017 11:39:25 JLL102

is a member of the House of Representatives; and 1

(H) The House Minority Leader, or his or her designee who 2 is a member of the House of Representatives. 3

(2) If a vacancy occurs on the task force, the vacancy shall be 4 filled by the same process as the original appointment. 5

(3) The members of the task force shall be paid per diem and 6 mileage as authorized by law for attendance at meetings of interim committees 7 of the General Assembly. 8

(c)(1) The Speaker of the House of Representatives shall call the 9 first meeting of the task force within thirty (30) days of sine die 10 adjournment of the 2017 regular session. 11

(2) The Speaker of the House of Representatives shall designate 12 a member of the task force to serve as chair of the first meeting of the task 13 force. 14

(3) At the first meeting of the task force, the members of the 15 task force shall elect from its membership a chair or co-chairs and other 16 officers as needed for the transaction of its business. 17

(4)(A) The task force shall conduct its meetings in Pulaski 18 County at the State Capitol or another site with teleconferencing 19 capabilities. 20

(B) Meetings of the task force shall be held at least one 21 (1) time every two (2) months but may occur more often at the call of the 22 chair. 23

(5) The task force shall establish rules and procedures for 24 conducting its business. 25

(6)(A) A majority of the members of the task force shall 26 constitute a quorum for transacting business of the task force. 27

(B) An affirmative vote of a majority of a quorum present 28 shall be required for the passage of a motion or other task force action. 29

(7) The Bureau of Legislative Research shall provide staff for 30 the task force. 31

(d)(1) The purpose of the task force is to examine and identify areas 32 of potential reform within the tax laws of the State of Arkansas and to 33 recommend legislation to the General Assembly for consideration during the 34 2019 regular session in order to: 35

(A) Modernize and simplify the Arkansas tax code; 36

As Engrossed: S1/19/17 SB115

4 01-10-2017 11:39:25 JLL102

(B) Make the Arkansas tax laws competitive with other 1 states in order to attract businesses to the state; 2

(D) Ensure fairness to all individuals and entities 4 impacted by the tax laws of the State of Arkansas. 5

(2) If the task force determines it is necessary, it may 6 contract with one (1) or more outside consultants to assist the task force 7 with its study. 8

(3)(A) On or before December 1, 2017, the task force shall file 9 with the Governor, the Speaker of the House of Representatives, and the 10 President Pro Tempore of the Senate a written preliminary report of the task 11 force’s activities, findings, and recommendations. 12

(B) The task force shall file with the Governor, the 13 Speaker of the House of Representatives, and the President Pro Tempore of the 14 Senate a final written report on or before September 1, 2018. 15

(e) The task force shall expire on December 31, 2018. 16

SECTION 4. EFFECTIVE DATE. Section 2 of this act is effective for tax 18 years beginning on and after January 1, 2019. 19

SECTION 5. EMERGENCY CLAUSE. It is found and determined by the 21 General Assembly of the State of Arkansas that income tax rates for Arkansas 22 residents are too high in comparison to the income tax rates in surrounding 23 states; that these burdensome income tax rates prevent Arkansas from being 24 competitive with surrounding states in the region; and that this act is 25 immediately necessary because it is in the best interests of the state to 26 increase Arkansas's ability to compete in the region by dedicating as much 27 funding as is economically possible and prudent to relieve the income tax 28 burden suffered by lower income taxpayers in the state. Therefore, an 29 emergency is declared to exist, and this act being immediately necessary for 30 the preservation of the public peace, health, and safety shall become 31 effective on: 32

(1) The date of its approval by the Governor; 33

(2) If the bill is neither approved nor vetoed by the Governor, 34 the expiration of the period of time during which the Governor may veto the 35 bill; or 36

As Engrossed: S1/19/17 SB115

5 01-10-2017 11:39:25 JLL102

(3) If the bill is vetoed by the Governor and the veto is 1 overridden, the date the last house overrides the veto. 2

3 /s/J. Hendren 4

6 APPROVED: 02/01/2017 7

(act-141)Arkansas Act 141 of the 2017 Regular Session#

(act-141)(document-1)#

Stricken language would be deleted from and underlined language would be added to present law. Act 141 of the Regular Session *JLL091* 01-12-2017 09:09:20 JLL091

State of Arkansas As Engrossed: H1/24/17

1 91st General Assembly A Bill

2 Regular Session, 2017

HOUSE BILL 1162 3

4 By: Representatives C. Fite, Baltz, Barker, Beck, Brown, Burch, Capp, Cavenaugh, Coleman, Drown, 5 Farrer, K. Ferguson, L. Fite, Fortner, Gazaway, House, Ladyman, Leding, Lowery, McCollum, G. 6 McGill, D. Meeks, Nicks, Pilkington, Rye, B. Smith, Speaks, Wardlaw, J. Williams, Wing, Womack 7 By: Senators J. English, Bledsoe, Files, Hester, J. Hutchinson, D. Wallace, E. Williams, L. Eads, T. 8 Garner, Irvin, B. Johnson, G. Stubblefield, Flippo, J. Hendren 9

10 For An Act To Be Entitled 11 AN ACT TO AMEND ARKANSAS TAX LAW AND THE USE OF TAX 12 REVENUES; TO CREATE AN INCOME TAX EXEMPTION FOR 13 MILITARY RETIREMENT AND SURVIVOR BENEFITS; TO LEVY 14 INCOME TAX ON UNEMPLOYMENT COMPENSATION BENEFITS; TO 15 AMEND THE DEFINITIONS OF THE ARKANSAS GROSS RECEIPTS 16 TAX ACT OF 1941 TO INCLUDE THE DEFINITION OF CANDY 17 AND SOFT DRINKS; TO IMPOSE THE FULL GROSS RECEIPTS 18 TAX AND COMPENSATING TAX ON THE SALE OF CANDY AND 19 SOFT DRINKS; TO LEVY THE FULL GROSS RECEIPTS TAX ON 20 THE SALE OF SPECIFIED DIGITAL PRODUCTS AND DIGITAL 21 CODES; TO AMEND THE ARKANSAS SOFT DRINK TAX ACT, AS 22 AFFIRMED BY REFERRED ACT 1 OF 1994, TO REDUCE THE 23 RATE OF TAX; TO SUPPLEMENT THE ARKANSAS MEDICAID 24 PROGRAM TRUST FUND TO OFFSET THE DECREASE IN SOFT 25 DRINK TAX REVENUES DEPOSITED INTO THE FUND; AND FOR 26 OTHER PURPOSES. 27

29 Subtitle 30 TO AMEND ARKANSAS TAX LAW CONCERNING 31 INCOME TAX, SALES AND USE TAXES, AND THE 32 SOFT DRINK TAX; AND TO SUPPLEMENT THE 33 ARKANSAS MEDICAID PROGRAM TRUST FUND TO 34 OFFSET DECREASED DEPOSITS FROM TAX 35 REVENUES. 36

As Engrossed: H1/24/17 HB1162

2 01-12-2017 09:09:20 JLL091

1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 2

SECTION 1. Arkansas Code § 19-5-402(a), concerning the maximum 4 allocations of general revenues in a fiscal year, is amended to add an 5 additional subdivision to read as follows: 6

(3)(A) For the fiscal year beginning July 1, 2017, two million 7 nine hundred fifty-four thousand five hundred dollars ($2,954,500) shall be: 8

(i) Included and added to the amount distributed in 9 subdivision (a)(1) of this section; and 10

(ii) Distributed by the Treasurer of State in 11 monthly amounts to the Arkansas Medicaid Program Trust Fund under § 19-5-985. 12

(B) For fiscal years beginning on and after July 1, 2018, 13 five million nine hundred nine thousand dollars ($5,909,000) shall be: 14

(i) Included and added to the amount distributed in 15 subdivision (a)(1) of this section; and 16

(ii) Distributed by the Treasurer of State in 17 monthly amounts to the Arkansas Medicaid Program Trust Fund under § 19-5-985. 18

SECTION 2. Arkansas Code § 19-5-985(b), concerning the Arkansas 20 Medicaid Program Trust Fund, is amended to read as follows: 21

(b)(1) The fund shall consist of the following: 22

(A) All revenues derived from taxes levied on soft drinks 23 sold or offered for sale in Arkansas under the Arkansas Soft Drink Tax Act, § 24 26-57-901 et seq., there to be used exclusively for the state match of 25 federal funds participation under the Arkansas Medicaid Program; 26

(B) The additional ambulance annual fees stated in § 20- 27 13-212; 28

(D) The amounts collected under §§ 26-57-604 and 26-57-605 31 above the forecasted level for insurance premium taxes set by the Chief 32 Fiscal Officer of the State under § 10-3-1404(a)(1)(A); and 33

(E) The amount provided for in § 19-5-402(a)(3). 34

(2) If the Arkansas Medicaid Program should be discontinued for 35 any reason, the revenues derived from the soft drink tax levied in the 36

As Engrossed: H1/24/17 HB1162

3 01-12-2017 09:09:20 JLL091

Arkansas Soft Drink Tax Act, § 26-57-901 et seq., and the funds described in 1 subdivision (b)(1)(E) of this section shall be used exclusively to provide 2 services to Arkansas residents comparable to the services now provided under 3 the Arkansas Medicaid Program. 4

SECTION 3. Arkansas Code § 26-51-307 is amended to read as follows: 6

26-51-307. Retirement or disability benefits. 7

(a)(1) The first six thousand dollars ($6,000) of benefits received by 8 any a resident of this state from an individual retirement account or the 9 first six thousand dollars ($6,000) of retirement benefits received by any a 10 resident of this state from public or private employment-related retirement 11 systems, plans, or programs, regardless of the method of funding for these 12 systems, plans, or programs, shall be is exempt from the state income tax. 13

(2)(A) Only individual retirement account benefits received by 14 an individual retirement account participant after reaching fifty-nine and 15 one-half (59½) years of age qualify for the exemption. 16

(B) The only other distributions or withdrawals from an 17 individual retirement account that qualify for the exemption before the 18 individual retirement account participant reaches fifty-nine and one-half 19 (59½) years of age are those made on account of the participant's death or 20 disability. 21

(C) All other premature distributions or early 22 withdrawals, including, but not limited to, without limitation those taken 23 for medical-related expenses, higher education expenses, or a first-time home 24 purchase, do not qualify for the exemption. 25

(b)(1)(A) Except as provided in subdivision (b)(2) of this section and 26 subsection (e) of this section, the exemption provided for in subsection (a) 27 of this section for benefits received from an individual retirement account 28 or from a public or private employment-related retirement system, plan, or 29 program shall be is the only exemption from the state income tax allowed for 30 benefits received from an individual retirement account or from any publicly 31 or privately supported employment-related retirement system, plan, or 32 program, excepting only benefits received under systems, plans, or programs 33 which are by federal law exempt from the state income tax. 34

(B) No Except as provided in subsection (e) of this 35 section, a taxpayer shall not receive an exemption greater than six thousand 36

As Engrossed: H1/24/17 HB1162

4 01-12-2017 09:09:20 JLL091

dollars ($6,000) during any tax year under the provisions of this section. 1

(2) The provisions of this This section shall does not apply to 2 retirement or disability benefits received under a plan, system, or fund 3 described in § 26-51-404(b)(6). 4

(c)(1) Title 26 U.S.C. § 72, as in effect on January 1, 2009, is the 5 sole method by which a recipient of benefits from an individual retirement 6 account or from public or private employment-related retirement systems, 7 plans, or programs may deduct or recover his or her cost of contribution to 8 the plan when computing his or her income for state income tax purposes. 9

(2) A taxpayer shall not be allowed to deduct or recover any 10 portion of the taxpayer's cost of contribution to the plan that the taxpayer: 11

(A) Has once already deducted or recovered; or 12

(B) Would have been allowed to deduct or recover under any 13 provision of law or court decision. 14

(d)(1) An individual who is sixty-five (65) years of age or older and 15 who does not claim an exemption under subsection (a) of this section shall be 16 is entitled to an additional state income tax credit of twenty dollars 17 ($20.00). 18

(2) This credit is in addition to all other credits allowed by 19 law. 20

(e)(1) The following are exempt from the income tax imposed under this 21 chapter: 22

(A) Retirement benefits received by a member of the 23 uniformed services from any of the uniformed services identified in 24 subdivision (e)(2) of this section; and 25

(B) Survivor benefits that are funded by the retirement 26 pay of a member of the uniformed services. 27

(2) As used in this subsection, "member of the uniformed 28 services" means a retired member of any of the following: 29

(A) The United States Army, the United States Marine 30 Corps, the United States Navy, the United States Air Force, or the United 31 States Coast Guard; 32

(B) A reserve component of any of the United States Armed 33 Forces listed in subdivision (e)(2)(A) of this section; 34

(D) The commissioned regular or reserve corps of the 36

As Engrossed: H1/24/17 HB1162

5 01-12-2017 09:09:20 JLL091

United States Public Health Service; or 1

(E) The National Oceanic and Atmospheric Administration 2 Commissioned Officer Corps. 3

(f) A taxpayer claiming an exemption under subsection (e) of this 4 section is not eligible for an exemption under subsection (a) of this 5 section. 6

SECTION 4. Arkansas Code § 26-51-404(a)(1), concerning the definition 8 of "gross income", is amended to add additional subdivisions to read as 9 follows: 10

(G) Unemployment compensation benefits paid from federal 11 unemployment funds; and 12

(H) Unemployment insurance benefits received from 13 unemployment compensation paid under Title IV of the Social Security Act, 42 14 U.S.C. § 601 et seq., except for unemployment or sickness payments made 15 pursuant to 45 U.S.C. § 352, as it existed on January 1, 2017. 16

SECTION 5. Arkansas Code § 26-51-404(b)(6)(B), concerning exemptions 18 from the definition of "gross income", is amended to read as follows: 19

(B) Social Security payments, railroad retirement 20 benefits, unemployment compensation benefits paid from federal unemployment 21 trust funds, and unemployment insurance benefits received from the railroad 22 retirement boards, and unemployment compensation paid under Title IV of the 23 Social Security Act, 42 U.S.C. § 601 et seq.; 24

SECTION 6. Arkansas Code § 26-52-103(12)(B), concerning the 26 definitions used under the Arkansas Gross Receipts Act of 1941, is amended to 27 read as follows: 28

(B) “Food” and “food ingredients” do not include candy, a 29 soft drink, an alcoholic beverage, tobacco, or a dietary supplement; 30

SECTION 7. Arkansas Code § 26-52-103(13), concerning the definitions 32 to be used under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et 33 seq., is amended to read as follows: 34

(13)(A) “Gross receipts”, “gross proceeds”, or “sales price” 35 means the total amount of consideration, including cash, credit, property, 36

As Engrossed: H1/24/17 HB1162

6 01-12-2017 09:09:20 JLL091

and services, for which tangible personal property, specified digital 1 products, a digital code, or services are sold, leased, or rented, valued in 2 money, whether received in money or otherwise, without any a deduction for 3 the following: 4

(i) The seller's cost of the property sold; 5

(ii) The cost of materials used, labor or service 6 cost, interest, any loss, any cost of transportation to the seller, any tax 7 imposed on the seller, and any other expense of the seller; 8

(iii) Any A charge by the seller for any service 9 necessary to complete the sale, other than a delivery charge or an 10 installation charge; 11

(iv) Delivery charge; 12

(v)(a) Installation charge. 13

(b) Installation charges will shall not be 14 included in the “gross receipts”, “gross proceeds”, or “sales price” if they 15 are not a specifically taxable service under this chapter or the Arkansas 16 Compensating Tax Act of 1949, § 26-53-101 et seq., and the installation 17 charges have been separately stated on the invoice, billing, or similar 18 document given to the purchaser; or 19

(vi) Credit for any trade-in. 20

(B) “Gross receipts”, “gross proceeds”, or “sales price” 21 does not include: 22

(i) A discount including cash, term, or a coupon 23 that is not reimbursed by a third party and that is allowed by a seller and 24 taken by a purchaser on a sale; 25

(ii) Interest An interest, financing, or a carrying 26 charge from credit extended on the sale of tangible personal property, 27 specified digital products, a digital code, or services, if the amount is 28 separately stated on the invoice, bill of sale, or similar document given to 29 the purchaser; and 30

(iii) Any A tax legally imposed directly on the 31 consumer that is separately stated on the invoice, bill of sale, or similar 32 document given to the purchaser; 33

SECTION 8. Arkansas Code § 26-52-103(19)(A) and (B), concerning the 35 definition of “sale” to be used under the Arkansas Gross Receipts Act of 36

As Engrossed: H1/24/17 HB1162

7 01-12-2017 09:09:20 JLL091

1941, § 26-52-101 et seq., are amended to read as follows: 1

(19)(A) “Sale” means the transfer of either the title or 2 possession, except in the case of a lease or rental for a valuable 3 consideration, of tangible personal property, specified digital products, or 4 a digital code regardless of the manner, method, instrumentality, or device 5 by which the transfer is accomplished. 6

(B) “Sale” includes the: 7

(i) Exchange, barter, lease, or rental of tangible 8 personal property, specified digital products, or a digital code; or 9

(ii) Sale, exchanging exchange, or other disposition 10 of admissions, dues, or fees to clubs, to places of amusement, or to 11 recreational or athletic events or for the privilege of having access to or 12 the use of amusement, athletic, or entertainment facilities. 13

SECTION 9. Arkansas Code § 26-52-103(20) and (21), concerning the 15 definitions to be used under the Arkansas Gross Receipts Act of 1941, § 26- 16 52-101 et seq., are amended to read as follows: 17

(20) “Seller” means every a person making a sale, lease, or 18 rental of tangible personal property, specified digital products, a digital 19 code, or services; 20

(21)(A) “Tangible personal property” means personal property 21 that can be seen, weighed, measured, felt, or touched or that is in any other 22 manner perceptible to the senses. 23

(B) “Tangible personal property” includes electricity, 24 water, gas, steam, and prewritten computer software;. 25

SECTION 10. Arkansas Code § 26-52-103, concerning the definitions to 29 be used under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., 30 is amended to add additional subdivisions to read as follows: 31

(25)(A) “Candy” means a preparation of sugar, honey, or other 32 natural or artificial sweeteners in combination with chocolate, fruits, nuts, 33 or other ingredients or flavorings in the form of bars, drops, or pieces. 34

(B) “Candy” shall not include a preparation containing 35 flour and shall require no refrigeration; 36

As Engrossed: H1/24/17 HB1162

8 01-12-2017 09:09:20 JLL091

(26) “Digital audio works” means works that result from the 1 fixation of a series of musical, spoken, or other sounds, including 2 ringtones; 3

(27) “Digital audio-visual works” means a series of related 4 images that, when shown in succession, impart an impression of motion, 5 together with accompanying sounds, if any; 6

(28) “Digital books” means works that are generally recognized 7 in the ordinary and usual sense as “books”; 8

(29) “Digital code” means a code that: 9

(A) Provides a purchaser with a right to obtain one (1) or 10 more specified digital products; and 11

(B) May be obtained by any means, including email or 12 tangible means, regardless of its designation as a song code, video code, or 13 book code; 14

(30)(A) “End user” means a person who purchases specified 15 digital products or the code for specified digital products for his or her 16 own use or for the purpose of giving away the product or code. 17

(B) “End user” does not include a person who receives by 18 contract a product transferred electronically for further commercial 19 broadcast, rebroadcast, transmission, retransmission, licensing, relicensing, 20 distribution, redistribution, or exhibition of the product, in whole or in 21 part, to another person or persons; 22

(31) “Ringtones” means digitized sound files that: 23

(A) Are downloaded onto a device; and 24

(B) May be used to alert the customer with respect to a 25 communication; 26

(32)(A) “Soft drink” means a nonalcoholic beverage that contains 27 natural or artificial sweeteners. 28

(B) “Soft drink” does not include a beverage that contains 29 milk or milk products, soy, rice, or similar milk substitutes, or that is 30 greater than fifty percent (50%) of vegetable or fruit juice by volume; 31

(33) “Specified digital products” means the following when 32 transferred electronically: 33

(A) Digital audio works; 34

(B) Digital audio-visual works; and 35

As Engrossed: H1/24/17 HB1162

9 01-12-2017 09:09:20 JLL091

(34) “Transferred electronically” means obtained by the 1 purchaser by means other than tangible storage media. 2

SECTION 11. Arkansas Code § 26-52-110(b), concerning sellers and 4 affiliated persons, is amended to read as follows: 5

(b) A seller is presumed to be engaged in the business of selling 6 tangible personal property, specified digital products, a digital code, or 7 taxable services for use in the state if an affiliated person is subject to 8 the sales and use tax jurisdiction of the state and the: 9

(1) Seller sells a similar line of products as the affiliated 10 person and sells the products under the same business name or a similar 11 business name; 12

(2) Affiliated person uses its in-state employees or in-state 13 facilities to advertise, promote, or facilitate sales by the seller to 14 consumers; 15

(3) Affiliated person maintains an office, distribution 16 facility, warehouse or storage place, or similar place of business to 17 facilitate the delivery of property, specified digital products, a digital 18 code, or services sold by the seller to the seller's business; 19

(4) Affiliated person uses trademarks, service marks, or trade 20 names in the state that are the same or substantially similar to those used 21 by the seller; or 22

(5) Affiliated person delivers, installs, assembles, or performs 23 maintenance services for the seller's purchasers within the state. 24

SECTION 12. Arkansas Code § 26-52-110(d), concerning sellers and 26 affiliated persons, is amended to read as follows: 27

(d)(1) If there is not an affiliated person with respect to a seller 28 in the state, the seller is presumed to be engaged in the business of selling 29 tangible personal property, specified digital products, a digital code, or 30 taxable services for use in the state if the seller enters into an agreement 31 with one (1) or more residents of the state under which the residents, for a 32 commission or other consideration, directly or indirectly refer potential 33 purchasers, whether by a link on an Internet website or otherwise, to the 34 seller. 35

(2) However, subdivision (d)(1) of this section applies only if 36

As Engrossed: H1/24/17 HB1162

10 01-12-2017 09:09:20 JLL091

the cumulative gross receipts from sales by the seller to purchasers in the 1 state who are referred to the seller by all residents according to the type 2 of agreement described in subdivision (d)(1) of this section exceed ten 3 thousand dollars ($10,000) during the preceding twelve (12) months. 4

SECTION 13. Arkansas Code § 26-52-201(e), concerning the permit 6 required to transact business in the state, is amended to read as follows: 7

(e) The director is authorized to establish types and classifications 8 of Arkansas gross receipts tax permits, including, not by without limitation, 9 special permits for taxpayers whose principal line of business does not 10 include the retail selling of tangible personal property, specified digital 11 products, or a digital code or the performing of taxable services. 12

SECTION 14. Arkansas Code § 26-52-210(a)(2), concerning the automatic 14 expiration of the permit required to transact business in the state, is 15 amended to read as follows: 16

(2) This section shall does not apply to a permit that is issued 17 pursuant to under § 26-52-201(e) to a taxpayer whose principal line of 18 business does not include the retail selling of tangible personal property, 19 specified digital products, or a digital code or the performing of taxable 20 services. 21

SECTION 15. Arkansas Code § 26-52-301(1), concerning the levy of the 23 gross receipts tax on sales of enumerated items and services, is amended to 24 read as follows: 25

(1) The following items: 26

(A) Tangible personal property; 27

(B) Specified digital products sold: 28

(i) To a purchaser who is an end user; and 29

(ii) With the right of permanent use or less than 30 permanent use granted by the seller regardless of whether the use is 31 conditioned on continued payment by the purchaser; and 32

SECTION 16. Arkansas Code § 26-52-301(3)(B)(viii)(b), concerning the 35 gross receipts tax levied on certain sales, is amended to read as follows: 36

As Engrossed: H1/24/17 HB1162

11 01-12-2017 09:09:20 JLL091

(b) A contractor is deemed to be a consumer or 1 user of all tangible personal property, specified digital products, or 2 digital codes used or consumed by the contractor in providing the nontaxable 3 services, in the same manner as when performing any other contract. 4

SECTION 17. Arkansas Code § 26-52-302 is amended to read as follows: 6

26-52-302. Additional taxes levied. 7

(a)(1) In addition to the excise tax levied upon the gross proceeds or 8 gross receipts derived from all sales by this chapter, except for food and 9 food ingredients that are taxed under § 26-52-317, there is levied an excise 10 tax of one percent (1%) upon all taxable sales of property, specified digital 11 products, digital codes, and services subject to the tax levied in this 12 chapter. 13

(2) This tax shall be collected, reported, and paid in the same 14 manner and at the same time as is prescribed by law for the collection, 15 reporting, and payment of all other Arkansas gross receipts taxes. 16

(3) In computing gross receipts or gross proceeds as defined in 17 § 26-52-103, a deduction shall be allowed for bad debts resulting from the 18 sale of tangible personal property. 19

(b)(1) In addition to the excise tax levied upon the gross proceeds or 20 gross receipts derived from all sales by this chapter, except for food and 21 food ingredients that are taxed under § 26-52-317, there is hereby levied an 22 excise tax of one-half of one percent (0.5%) upon all taxable sales of 23 property, specified digital products, digital codes, and services subject to 24 the tax levied in this chapter. 25

(2) This tax shall be collected, reported, and paid in the same 26 manner and at the same time as is prescribed by law for the collection, 27 reporting, and payment of all other Arkansas gross receipts taxes. 28

(3) However, in computing gross receipts or gross proceeds as 29 defined in § 26-52-103, a deduction shall be allowed for bad debts resulting 30 from the sale of tangible personal property. 31

(c)(1) Except for food and food ingredients that are taxed under § 26- 32 52-317, there is levied an additional excise tax of one-half of one percent 33 (0.5%) upon all taxable sales of property, specified digital products, 34 digital codes, and services subject to the tax levied by this chapter. 35

(2) The tax shall be collected, reported, and paid in the same 36

As Engrossed: H1/24/17 HB1162

12 01-12-2017 09:09:20 JLL091

manner and at the same time as is prescribed by this chapter, for the 1 collection, reporting, and payment of Arkansas gross receipts taxes. 2

(d)(1) Except for food and food ingredients that are taxed under § 26- 3 52-317, there is levied an additional excise tax of seven-eighths of one 4 percent (0.875%) upon all taxable sales of property, specified digital 5 products, digital codes, and services subject to the tax levied by this 6 chapter. 7

(2) The tax shall be collected, reported, and paid in the same 8 manner and at the same time as prescribed by this chapter, for the 9 collection, reporting, and payment of Arkansas gross receipts taxes. 10

SECTION 18. Arkansas Code § 26-52-305 is amended to read as follows: 12

26-52-305. Financial institutions. 13

Sales of tangible personal property, specified digital products, a 14 digital code, and services to financial institutions shall be are subject to 15 the Arkansas gross receipts tax levied in this chapter the same as such sales 16 to other business corporations. 17

SECTION 19. Arkansas Code § 26-52-307(a)(1), concerning contractors as 19 consumer users, is amended to read as follows: 20

(a)(1) Sales of services, specified digital products, digital codes, 21 and tangible personal property, including materials, supplies, and equipment, 22 made to contractors who use them in the performance of any a contract are 23 declared to be sales to consumers or users and not sales for resale. 24

SECTION 20. Arkansas Code § 26-52-315(e)(2), concerning the definition 26 of “ancillary service” to be used regarding the sales tax on 27 telecommunications and related services, is amended to read as follows: 28

(2)(A) “Ancillary service” means a service that is associated 29 with or incidental to the provision of a telecommunications service, 30 including without limitation detailed telecommunications billing, directory 31 assistance, vertical service, and voice mail services;. 32

(B) “Ancillary service” does not include specified digital 33 products or a digital code; 34

SECTION 21. Arkansas Code § 26-52-315(e)(19)(C), concerning items 36

As Engrossed: H1/24/17 HB1162

13 01-12-2017 09:09:20 JLL091

excluded from the definition of “telecommunications service” to be used 1 regarding the sales tax on telecommunications and related services, is 2 amended to read as follows: 3

(i) Data processing and information services that 5 allow data to be generated, acquired, stored, processed, or retrieved and 6 delivered by an electronic transmission to a purchaser when the purchaser’s 7 primary purpose for the underlying transaction is the processed data or 8 information; 9

(ii) Installation or maintenance of wiring or 10 equipment on a customer’s premises; 11

(iii) Tangible personal property; 12

(iv) Advertising, including but not limited to 13 without limitation directory advertising; 14

(v) Billing and collection services provided to 15 third parties; 16

(vi) Internet access service; 17

(vii)(a) Radio and television audio and video 18 programming services, regardless of the medium, including the furnishing of 19 transmission, conveyance, and routing of the services by the programming 20 service provider. 21

(b) Radio and television audio and video 22 programming services shall include but not be limited to, including without 23 limitation cable service as defined in 47 U.S.C. § 522(6), as in effect on 24 January 1, 2007, and audio and video programming services delivered by 25 commercial mobile radio service providers, as defined in 47 C.F.R. § 20.3, as 26 in effect on January 1, 2007; 27

(viii) Ancillary services; or 28

(ix) A digital product delivered electronically, 29 including but not limited to without limitation software, music, video, 30 reading material, or a ring tone; 31

(x) Specified digital products; or 32

(xi) A digital code; 33

SECTION 22. Arkansas Code § 26-52-401(1) and (2), concerning sales tax 35 exemptions for various products and services, are amended to read as follows: 36

As Engrossed: H1/24/17 HB1162

14 01-12-2017 09:09:20 JLL091

(1) The gross receipts or gross proceeds derived from the sale 1 of tangible personal property, specified digital products, a digital code, or 2 services by churches, except when the organizations may be engaged in 3 business for profit; 4

(2) The gross receipts or gross proceeds derived from the sale 5 of tangible personal property, specified digital products, a digital code, or 6 service by charitable organizations, except when the organizations may be 7 engaged in business for profit; 8

SECTION 23. Arkansas Code § 26-52-401(7)-(10), concerning sales tax 10 exemptions for various products and services, are amended to read as follows: 11

(7) Gross receipts or gross proceeds derived from the sale of 12 specified digital products, a digital code, tangible personal property, 13 including but not limited to without limitation office supplies; office 14 equipment; program items at camp such as bows, arrows, and rope; rifles for 15 rifle range and other rifle items; food, food ingredients, or prepared food 16 for camp; lumber and supplies used in camp maintenance; camp equipment; first 17 aid supplies for camp; the leasing of cars used in promoting scouting; or 18 services to the Boy Scouts of America chartered by the United States Congress 19 in 1916 or the Girl Scouts of the United States of America chartered by the 20 United States Congress in 1950 or any of the scout councils in the State of 21 Arkansas; 22

(8) Gross receipts or gross proceeds derived from sales of 23 tangible personal property, specified digital products, a digital code, or 24 services to the Boys & Girls Club of America; 25

(9) Gross receipts or gross proceeds derived from sales of 26 tangible personal property, specified digital products, a digital code, or 27 services to the Poets’ Roundtable of Arkansas; 28

(10) Gross receipts or gross proceeds derived from sales of 29 tangible personal property, specified digital products, a digital code, or 30 services to 4-H clubs and FFA clubs in this state, to the Arkansas 4-H 31 Foundation, the Arkansas Future Farmers of America Foundation, and the 32 Arkansas Future Farmers of America Association; 33

SECTION 24. Arkansas Code § 26-52-401(21)(A), concerning sales tax 35 exemptions for various products and services, is amended to read as follows: 36

As Engrossed: H1/24/17 HB1162

15 01-12-2017 09:09:20 JLL091

(21)(A) Gross receipts or gross proceeds derived from the sale 1 of any tangible personal property, specified digital products, a digital 2 code, or services as specifically provided in this subdivision (21) to any a 3 hospital or sanitarium operated for charitable and nonprofit purposes or any 4 a nonprofit organization whose sole purpose is to provide temporary housing 5 to the family members of patients in a hospital or sanitarium. 6

SECTION 25. Arkansas Code § 26-52-401(29), concerning sales tax 8 exemptions for various products and services, is amended to read as follows: 9

(29) Gross receipts or gross proceeds derived from the sale of 10 any tangible personal property, specified digital products, or a digital code 11 specifically exempted from taxation by the Arkansas Compensating Tax Act of 12 1949, § 26-53-101 et seq.; 13

SECTION 26. Arkansas Code § 26-52-401(31), concerning sales tax 15 exemptions for various products and services, is amended to read as follows: 16

(31) Gross receipts or gross proceeds derived from sales of 17 tangible personal property, specified digital products, a digital code, or 18 services to Habitat for Humanity; 19

SECTION 27. Arkansas Code § 26-52-401(33) and (34), concerning sales 21 tax exemptions for various products and services, are amended to read as 22 follows: 23

(33) Gross receipts or gross proceeds derived from sales of 24 tangible personal property, specified digital products, a digital code, or 25 services to The Salvation Army; 26

(34) Gross receipts or gross proceeds derived from sales of 27 tangible personal property, specified digital products, a digital code, and 28 services to Heifer International, Inc.; 29

SECTION 28. Arkansas Code § 26-52-401(37), concerning sales tax 31 exemptions for various products and services, is amended to read as follows: 32

(37) Gross receipts or gross proceeds derived from sales of 33 tangible personal property, specified digital products, a digital code, or 34 services to the Arkansas Symphony Orchestra Society, Inc.; 35

As Engrossed: H1/24/17 HB1162

16 01-12-2017 09:09:20 JLL091

SECTION 29. Arkansas Code § 26-52-401(39), concerning sales tax 1 exemptions for various products and services, is amended to read as follows: 2

(39) Gross receipts or gross proceeds derived from sales of 3 tangible personal property, specified digital products, a digital code, or 4 services to the Arkansas Black Hall of Fame Foundation, Inc. 5

SECTION 30. Arkansas Code § 26-52-430(a), concerning the sales tax 7 exemption for sales by charitable organizations, is amended to read as 8 follows: 9

(a) The exemptions set forth stated in this subchapter for a 10 charitable organization shall not extend to sales of new tangible personal 11 property, specified digital products, or a digital code by the charitable 12 organization if the sales compete with sales by for-profit businesses. 13

SECTION 31. Arkansas Code § 26-52-437(a)(1), concerning the definition 15 of "instructional materials" for purposes of the sales tax exemption for 16 textbooks and instructional materials for public schools, is amended to add 17 an additional subdivision to read as follows: 18

(G) Specified digital products and a digital code that 19 contains instructional information designed to be presented to students as 20 part of a course of study. 21

SECTION 32. Arkansas Code § 26-52-440(b)(1), concerning the sales tax 23 exemption for sales to qualified museums, is amended to read as follows: 24

(b)(1) The gross receipts or gross proceeds derived from the sale of 25 any tangible personal property, specified digital products, a digital code, 26 or services to a qualified museum are exempt from this chapter. 27

SECTION 33. Arkansas Code § 26-52-443 is amended to read as follows: 29

26-52-443. Exemption for Arkansas Search Dog Association, Inc. 30

The gross receipts or gross proceeds from the sale of tangible personal 31 property, specified digital products, a digital code, or a service to the 32 Arkansas Search Dog Association, Inc., are exempt from the gross receipts tax 33 levied by this chapter and the compensating use tax levied by the Arkansas 34 Compensating Tax Act of 1949, § 26-53-101 et seq. 35

As Engrossed: H1/24/17 HB1162

17 01-12-2017 09:09:20 JLL091

SECTION 34. Arkansas Code § 26-52-449(a), concerning the sales tax 1 exemption for nonprofit blood donation organizations, is amended to read as 2 follows: 3

(a) The gross receipts or gross proceeds from the sale of tangible 4 personal property, specified digital products, a digital code, or a service 5 to a nonprofit blood donation organization are exempt from the gross receipts 6 tax levied by this chapter and the compensating use tax levied by the 7 Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq. 8

SECTION 35. Arkansas Code § 26-52-501(j), concerning the preparation 10 of returns and payment of sales tax, is amended to read as follows: 11

(j) The director may establish by regulation separate requirements for 12 filing reports and returns and paying the tax levied under this chapter for 13 taxpayers whose principal line of business does not include the retail 14 selling of tangible personal property, specified digital products, or a 15 digital code or performing taxable services. 16

SECTION 36. Arkansas Code § 26-52-508(a), concerning the collection of 18 sales tax by sellers or admissions collectors, is amended to read as follows: 19

(a) The tax levied by this chapter shall be paid to the Director of 20 the Department of Finance and Administration by: 21

(1) The seller of tangible personal property, specified digital 22 products, or a digital code; 23

(2) The seller or collector of admissions to places of 24 amusement, recreational, or athletic events; 25

(3) The seller of privileges of access to or the use of 26 amusement, entertainment, athletic, or recreational facilities; and 27

(4) Any other person furnishing any service subject to the 28 provisions of this chapter. 29

SECTION 37. Arkansas Code § 26-52-517(a) and (b), concerning exemption 31 certificates, are amended to read as follows: 32

(a) The sales tax liability for all sales of tangible personal 33 property, specified digital products, digital codes, and taxable services is 34 upon the seller unless the purchaser claims an exemption and the seller 35 obtains identifying information of the purchaser and the reason the purchaser 36

As Engrossed: H1/24/17 HB1162

18 01-12-2017 09:09:20 JLL091

is claiming the exemption in the manner prescribed by the Director of the 1 Department of Finance and Administration. 2

(b)(1) When tangible personal property, specified digital products, a 3 digital code, or taxable services are purchased tax-free pursuant to tax-free 4 under subsection (a) of this section and the tangible personal property, 5 specified digital products, digital code, or taxable service is not resold by 6 the purchaser, the purchaser is solely liable for reporting and remitting to 7 the director any tax which should have been paid at the time of purchase. 8

(2) Use or disposition of the property other than for resale 9 shall be deemed a withdrawal from stock for all purposes, including reporting 10 and remittance of the tax due, and the tax shall be due from the purchaser at 11 the time of the withdrawal from stock. 12

SECTION 38. Arkansas Code § 26-52-518(b), concerning the remittance of 14 sales tax from special events, is amended to read as follows: 15

(b)(1) Special event vendors shall collect sales tax from purchasers 16 of tangible personal property, specified digital products, or a digital code 17 and remit the tax daily, along with a daily sales tax report, to the promoter 18 or organizer. 19

(2) The isolated sale exemption found in § 26-52-401(17) shall 20 not apply to sales of tangible personal property, specified digital products, 21 or a digital code at special events. 22

SECTION 39. Arkansas Code § 26-52-521(b)(5), concerning the sources of 24 sales for sales tax purposes, is amended to read as follows: 25

(5) If none of the previous rules of subdivisions (b)(1)-(4) of 26 this section apply, including the circumstance in which the seller is without 27 sufficient information to apply the previous rules, the location will be 28 determined by the address from which tangible personal property was shipped, 29 from which the specified digital products or the digital code was first 30 available for transmission by the seller, or from which the service was 31 provided, disregarding for these purposes any location that merely provided 32 the digital transfer of the product sold. 33

SECTION 40. The introductory language of Arkansas Code § 26-52-521(c), 35 concerning the sources of sales for sales tax purposes, is amended to read as 36

As Engrossed: H1/24/17 HB1162

19 01-12-2017 09:09:20 JLL091

follows: 1

(c) The lease or rental of tangible personal property, specified 2 digital products, or a digital code other than property identified in 3 subsection (d) or subsection (e) of this section shall be sourced as follows: 4

SECTION 41. Arkansas Code § 26-52-521(f), concerning the sources of 6 sales for sales tax purposes, is amended to read as follows: 7

(f) As used in subsection (b) of this section: 8

(1) “Receive” and “receipt” mean: 9

(A) Taking possession of tangible personal property, 10 specified digital products, or a digital code; or 11

(B) Making first use of services; and 12

(2) “Receive” and “receipt” do not include possession by a 13 shipping company on behalf of the purchaser. 14

SECTION 42. Arkansas Code § 26-52-522(a)(5), concerning the definition 16 of “product” to be used in relation to direct mail sourcing, is amended to 17 read as follows: 18

(5) “Product” means tangible personal property, specified 19 digital products, a digital code, a product transferred electronically, or a 20 service. 21

SECTION 43. Arkansas Code § 26-52-523(a) and (b), concerning the 23 credit or rebate of local sales and use tax for certain purchases, is amended 24 to read as follows: 25

(a) As used in this section: 26

(1) “Qualifying purchase” means a purchase of tangible personal 27 property, specified digital products, a digital code, or a taxable service: 28

(A) For which the purchaser may take a business expense 29 deduction pursuant to 26 U.S.C. § 162, as in effect on January 1, 2007; 30

(B) For which the purchaser may take a depreciation 31 deduction pursuant to 26 U.S.C. § 167, as in effect on January 1, 2007; 32

(C) By an exempt organization under 26 U.S.C. § 501, as in 33 effect on January 1, 2007, if the purchase would be subject to a business 34 expense deduction or depreciation deduction if the purchaser were not an 35 exempt organization under 26 U.S.C. § 501, as in effect on January 1, 2007; 36

As Engrossed: H1/24/17 HB1162

20 01-12-2017 09:09:20 JLL091

or 1

(D) By a state, or any a county, city, municipality, 2 school district, state-supported college or university, or any other 3 political subdivision of a state, if the purchase would be subject to a 4 business expense deduction or depreciation deduction if the purchaser were 5 not one of the entities enumerated in this subdivision (a)(1)(D); 6

(2) “Single transaction” means any a sale of tangible personal 7 property, specified digital products, a digital code, or a taxable service 8 reflected on a single invoice, receipt, or statement for which an aggregate 9 sales or use tax amount has been reported and remitted to the state for a 10 single local taxing jurisdiction; and 11

(3) “Travel trailer” means a trailer that: 12

(A) Provides temporary living quarters for travel, 13 recreation, or camping; 14

(B) Includes a chassis having wheels and a trailer hitch 15 or fifth wheel for towing; and 16

(b)(1) A purchaser that pays any municipal sales or use tax in excess 19 of the tax due on the first two thousand five hundred dollars ($2,500) of 20 gross receipts or gross proceeds from the purchase of a travel trailer or 21 from a qualifying purchase of tangible personal property, specified digital 22 products, a digital code, or a taxable service in a single transaction is 23 entitled to a credit or rebate of the excess amount of municipal sales or use 24 tax paid on each single transaction. 25

(2) A purchaser that pays any county sales or use tax in excess 26 of the tax due on the first two thousand five hundred dollars ($2,500) of 27 gross receipts or gross proceeds from the purchase of a travel trailer or 28 from a qualifying purchase of tangible personal property, specified digital 29 products, a digital code, or a taxable service in a single transaction is 30 entitled to a credit or rebate of the excess amount of county sales or use 31 tax paid on each single transaction. 32

SECTION 44. Arkansas Code § 26-53-102(5)(B), concerning the 34 definitions used under the Arkansas Compensating Tax Act, is amended to read 35 as follows: 36

As Engrossed: H1/24/17 HB1162

21 01-12-2017 09:09:20 JLL091

(B) “Food” and “food ingredients” do not include candy, a 1 soft drink, an alcoholic beverage, tobacco, or a dietary supplement; 2

SECTION 45 Arkansas Code § 26-53-102(10)-(16), concerning the 4 definitions to be used under the Arkansas Compensating Tax Act of 1949, are 5 amended to read as follows: 6

(10)(A) “Purchase” means the sale of tangible personal property, 7 specified digital products, a digital code, or taxable services by a vendor 8 to a person for the purpose of storage, use, distribution, or consumption in 9 this state. 10

(B)(i) “Purchase” also includes any withdrawal of tangible 11 personal property, specified digital products, or a digital code from a stock 12 or reserve maintained outside of the state by any a person and subsequently 13 brought into this state and thereafter stored, consumed, distributed, or used 14 by that person or by any other person. 15

(ii) In such an event, the tax shall be computed on 16 the value of the tangible personal property, specified digital products, or 17 digital code at the time it is brought into this state. 18

(C) No tax shall be computed to the extent that a 19 withdrawal consists of carbonaceous materials such as petroleum coke or 20 carbon anodes that are to be directly used or consumed in the electrolytic 21 reduction process of producing tangible personal property for ultimate sale 22 at retail; 23

(11) “Purchaser” means a person to whom a sale of tangible 24 personal property, specified digital products, or a digital code is made or 25 to whom a taxable service is furnished; 26

(12)(A) “Sale” means any a transfer, barter, or exchange of the 27 title or ownership of tangible personal property, specified digital products, 28 a digital code, or taxable services or the right to use, store, distribute, 29 or consume the tangible personal property, specified digital products, a 30 digital code, or taxable services for a consideration paid or to be paid in 31 installments or otherwise and includes any transaction whether called leases, 32 rentals, bailments, loans, conditional sales, or otherwise, notwithstanding 33 that the title or possession of the property, or both, is retained for 34 security. 35

(B) For the purpose of this subchapter, the sale of 36

As Engrossed: H1/24/17 HB1162

22 01-12-2017 09:09:20 JLL091

tangible personal property, specified digital products, a digital code, or 1 taxable services shall be sourced according to §§ 26-52-521, 26-52-522, and 2 26-52-523; 3

(13)(A) “Sales price” or “purchase price” means the total amount 4 of consideration, including cash, credit, property, and services, for which 5 tangible personal property, specified digital products, a digital code, or 6 services are sold, leased, or rented, valued in money, whether received in 7 money or otherwise, without any deduction for the following: 8

(i) The seller’s cost of the property sold; 9

(ii) The cost of materials used, labor or service 10 cost, interest, losses, all costs of transportation to the seller, all taxes 11 imposed on the seller, and any other expense of the seller; 12

(iii) A charge by the seller for any service 13 necessary to complete the sale, other than a delivery or installation charge; 14

(iv) Delivery charge; 15

(v)(a) Installation charge. 16

(b) However, installation charges will shall 17 not be included in the “sales price” if they are not a specifically taxable 18 service under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., 19 or this subchapter and the installation charges have been separately stated 20 on the invoice, billing, or similar document given to the purchaser; or 21

(vi) Credit for any trade-in. 22

(B) “Sales price” or “purchase price” shall does not 23 include: 24

(i) A discount, including cash, term, or a coupon 25 that is not reimbursed by a third party and that is allowed by a seller and 26 taken by a purchaser on a sale; 27

(ii) Interest, financing, and carrying charges from 28 credit extended on the sale of tangible personal property, specified digital 29 products, a digital code, or services if the amount is separately stated on 30 the invoice, bill of sale, or similar document given to the purchaser; and 31

(iii) Any tax legally imposed directly on the 32 consumer that is separately stated on the invoice, bill of sale, or similar 33 document given to the purchaser; 34

(14) “Seller” means a person making a sale, lease, or rental of 35 tangible personal property, specified digital products, a digital code, or 36

As Engrossed: H1/24/17 HB1162

23 01-12-2017 09:09:20 JLL091

services; 1

(15) “Storage” means any keeping or retention in this state of 2 tangible personal property, specified digital products, a digital code, or 3 taxable services purchased from a vendor for any purpose except sale or 4 subsequent use solely outside this state; 5

(16)(A) “Tangible personal property” means personal property 6 that may be seen, weighed, measured, felt, or touched or is in any other 7 manner perceptible to the senses. 8

(B) “Tangible personal property” includes electricity, 9 water, gas, steam, and prewritten computer software;. 10

SECTION 46. Arkansas Code § 26-53-102(20)-(21), concerning the 14 definitions to be used under the Arkansas Compensating Tax Act of 1949, are 15 amended to read as follows: 16

(20)(A) “Use”, with respect to tangible personal property, 17 specified digital products, or a digital code, means the exercise of any 18 right or power over tangible personal property, specified digital products, 19 or a digital code incident to the ownership or control of that tangible 20 personal property, specified digital product, or digital code except that it 21 shall does not include the sale of that tangible personal property, specified 22 digital product, or digital code in the regular course of business. 23

(B) With respect to a taxable service, “use” means the 24 privilege of using the service, enjoyment of the service, or the first act 25 within this state by which the purchaser takes or assumes dominion or control 26 over the service or the article of tangible personal property, specified 27 digital products, or digital code upon which the service was performed; and 28

(21)(A)(i) “Vendor” means every a person engaged in making sales 29 of tangible personal property, specified digital products, digital codes, or 30 taxable services by mail order, by advertising, or by agent, by peddling 31 tangible personal property, specified digital products, a digital code, or 32 taxable services, by soliciting, or by taking orders for such sales for 33 storage, use, distribution, or consumption in this state. 34

(ii) “Vendor” includes all salespersons, solicitors, 35 hawkers, representatives, consignees, peddlers, or canvassers as agents of 36

As Engrossed: H1/24/17 HB1162

24 01-12-2017 09:09:20 JLL091

the dealers, distributors, consignors, supervisors, principals, or employers 1 under whom they operate or from whom they obtain the tangible personal 2 property, specified digital products, digital code, or taxable services sold 3 by them. 4

(B) Regardless of whether a person is making sales on his 5 or her own behalf or on behalf of dealers, distributors, consignors, 6 supervisors, principals, or employers, the person must be regarded as a 7 vendor, and the dealers, distributors, consignors, supervisors, principals, 8 or employers must be regarded as vendors for purposes of this subchapter. 9

SECTION 47. Arkansas Code § 26-53-102, concerning the definitions used 11 in the Arkansas Compensating Tax Act of 1949, is amended to add additional 12 subdivisions to read as follows: 13

(22)(A) “Candy” means a preparation of sugar, honey, or other 14 natural or artificial sweeteners in combination with chocolate, fruits, nuts, 15 or other ingredients or flavorings in the form of bars, drops, or pieces. 16

(B) “Candy” shall not include a preparation containing 17 flour and shall require no refrigeration; 18

(23) “Digital audio works” means works that result from the 19 fixation of a series of musical, spoken, or other sounds, including 20 ringtones; 21

(24) “Digital audio-visual works” means a series of related 22 images that, when shown in succession, impart an impression of motion, 23 together with accompanying sounds, if any; 24

(25) “Digital books” means works that are generally recognized 25 in the ordinary and usual sense as “books”; 26

(26) “Digital code” means a code that: 27

(A) Provides a purchaser with a right to obtain one (1) or 28 more specified digital products; and 29

(B) May be obtained by any means, including email or 30 tangible means, regardless of its designation as a song code, video code, or 31 book code; 32

(27)(A) “End user” means a person who purchases specified 33 digital products or the code for specified digital products for his or her 34 own use or for the purpose of giving away the product or code. 35

(B) “End user” does not include a person who receives by 36

As Engrossed: H1/24/17 HB1162

25 01-12-2017 09:09:20 JLL091

contract a product transferred electronically for further commercial 1 broadcast, rebroadcast, transmission, retransmission, licensing, relicensing, 2 distribution, redistribution, or exhibition of the product, in whole or in 3 part, to another person or persons; 4

(28) “Ringtones” means digitized sound files that: 5

(A) Are downloaded onto a device; and 6

(B) May be used to alert the customer with respect to a 7 communication; 8

(29)(A) “Soft drink” means a nonalcoholic beverage that contains 9 natural or artificial sweeteners. 10

(B) “Soft drink” does not include a beverage that contains 11 milk or milk products, soy, rice, or similar milk substitutes, or that is 12 greater than fifty percent (50%) of vegetable or fruit juice by volume; 13

(30) “Specified digital products” means the following when 14 transferred electronically: 15

(A) Digital audio works; 16

(B) Digital audio-visual works; and 17

(31) “Transferred electronically” means obtained by the 19 purchaser by means other than tangible storage media. 20

SECTION 48. Arkansas Code §§ 26-53-106 and 26-53-107 are amended to 22 read as follows: 23

26-53-106. Imposition and rate of tax generally — Presumptions. 24

(a) There is levied and there shall be collected from every person in 25 this state a tax or excise for the privilege of storing, using, distributing, 26 or consuming within this state any article of tangible personal property, 27 specified digital products, a digital code, or a taxable service purchased 28 for storage, use, distribution, or consumption in this state at the rate of 29 three percent (3%) of the sales price of the tangible personal property, 30 specified digital products, digital code, or taxable service except for food 31 and food ingredients that are taxed under § 26-53-145. 32

(b) This tax will does not apply with respect to the storage, use, 33 distribution, or consumption of any article of tangible personal property, 34 specified digital products, or a digital code purchased, produced, or 35 manufactured outside this state until the transportation of the article of 36

As Engrossed: H1/24/17 HB1162

26 01-12-2017 09:09:20 JLL091

tangible personal property, specified digital products, or digital code has 1 finally come to rest within this state or until the article of tangible 2 personal property, specified digital products, or digital code has become 3 commingled with the general mass of property of this state. 4

(c) This tax applies to use, storage, distribution, or consumption of 5 every article of tangible personal property, specified digital products, a 6 digital code, or taxable service except as provided in this subchapter 7 irrespective of whether the article of tangible personal property, or similar 8 articles of tangible personal property, specified digital products, digital 9 code, or the taxable service is manufactured within the State of Arkansas, or 10 is available for purchase within the State of Arkansas, and irrespective of 11 or any other condition. 12

(d)(1)(A) For the purpose of the proper administration of this 13 subchapter and to prevent evasion of the tax and the duty to collect the tax 14 imposed in this section, it shall be is presumed that tangible personal 15 property, specified digital products, a digital code, or taxable services 16 sold by any vendor for delivery in this state or transportation to this state 17 are sold for storage, use, distribution, or consumption in this state unless 18 the vendor selling the tangible personal property, specified digital 19 products, digital code, or taxable service has taken from the purchaser a 20 resale certificate signed by and bearing the name, address, and sales tax 21 permit number of the purchaser certifying that the property or taxable 22 service was purchased for resale, except that sales made electronically will 23 shall not require the purchaser's signature. 24

(B) The use by the purchaser of a resale certificate and 25 any resulting liability for, or exemption from, use tax in a transaction 26 involving a resale certificate shall be governed in all respects by the terms 27 of § 26-52-517. 28

(2) It is further presumed that tangible personal property, 29 specified digital products, a digital code, or taxable services shipped, 30 mailed, expressed, transported, or brought to this state by the purchaser 31 were purchased from a vendor for storage, use, distribution, or consumption 32 in this state. 33

26-53-107. Additional taxes levied. 35

(a)(1) In addition to the excise tax levied upon the privilege of 36

As Engrossed: H1/24/17 HB1162

27 01-12-2017 09:09:20 JLL091

storing, using, distributing, or consuming tangible personal property, 1 specified digital products, a digital code, and taxable services within this 2 state by this subchapter, there is levied an excise tax of one percent (1%) 3 upon all tangible personal property, specified digital products, digital 4 codes, and taxable services subject to the tax levied in this subchapter 5 except for food and food ingredients that are taxed under § 26-53-145. 6

(2) The tax shall be collected, reported, and paid in the same 7 manner and at the same time as is prescribed by law for the collection, 8 reporting, and payment of state compensating taxes. 9

(b)(1) In addition to the excise tax levied upon the privilege of 10 storing, using, distributing, or consuming tangible personal property, 11 specified digital products, a digital code, and taxable services within the 12 state by this subchapter, there is levied an excise tax of one-half of one 13 percent (0.5%) upon all tangible personal property, specified digital 14 products, digital codes, and taxable services subject to the tax levied in 15 this subchapter except for food and food ingredients that are taxed under § 16 26-53-145. 17

(2) The tax shall be collected, reported, and paid in the same 18 manner and at the same time as is prescribed by law for the collection, 19 reporting, and payment of Arkansas compensating taxes. 20

(c)(1) There is levied an additional excise tax of one-half of one 21 percent (0.5%) upon all tangible personal property, specified digital 22 products, digital codes, and taxable services subject to the tax levied by 23 this subchapter except for food and food ingredients that are taxed under § 24 26-53-145. 25

(2) The tax shall be collected, reported, and paid in the same 26 manner and at the same time as is prescribed by this subchapter for the 27 collection, reporting, and payment of Arkansas compensating taxes. 28

(d)(1) There is levied an additional excise tax of seven-eighths of 29 one percent (0.875%) upon all tangible personal property, specified digital 30 products, digital codes, and taxable services subject to the tax levied by 31 this subchapter except for food and food ingredients that are taxed under § 32 26-53-145. 33

(2) The tax shall be collected, reported, and paid in the same 34 manner and at the same time as is prescribed by this subchapter for the 35 collection, reporting, and payment of Arkansas compensating taxes. 36

As Engrossed: H1/24/17 HB1162

28 01-12-2017 09:09:20 JLL091

SECTION 49. Arkansas Code § 26-53-110 is amended to read as follows: 2

26-53-110. Financial institutions. 3

Sales of tangible personal property, specified digital products, a 4 digital code, and services to financial institutions shall be are subject to 5 the state compensating tax levied in this subchapter, the same as such sales 6 to other business corporations. 7

SECTION 50. Arkansas Code § 26-53-112 is amended to read as follows: 9

26-53-112. Exemptions generally. 10

There are specifically exempted from the taxes levied in this 11 subchapter: 12

(1) Property or services, the storage, use, distribution, or 13 consumption of which this state is prohibited from taxing under the United 14 States Constitution or laws or the Arkansas Constitution or laws; and 15

(2) Sales of tangible personal property, specified digital 16 products, a digital code, or services on which the tax under the Arkansas 17 Gross Receipts Act of 1941, § 26-52-101 et seq., is levied and any tangible 18 personal property, specified digital products, digital codes, or services 19 specifically exempted from taxation by the Arkansas Gross Receipts Act of 20 1941, § 26-52-101 et seq., and legislation enacted subsequent to the Arkansas 21 Gross Receipts Act of 1941, § 26-52-101 et seq. 22

SECTION 51. Arkansas Code §§ 26-53-121 and 26-53-122 are amended to 24 read as follows: 25

26-53-121. Registration of vendors — Out-of-state vendors. 26

Every vendor selling tangible personal property, specified digital 27 products, a digital code, or taxable services for storage, use, distribution, 28 or consumption in this state shall: 29

(1) Register with the Director of the Department of Finance and 30 Administration; 31

(2) Provide the location of any and all distribution or sales 32 houses or offices of other places of business in this state; and 33

(3) Provide such other information as the director may require. 34

26-53-122. Agents furnished statements of compliance. 36

As Engrossed: H1/24/17 HB1162

29 01-12-2017 09:09:20 JLL091

Every vendor selling tangible personal property, specified digital 1 products, a digital code, or taxable services for storage, use, distribution, 2 or consumption in this state shall furnish all agents with a statement to the 3 effect that the agent's principal has been and is complying with the 4 provisions of this subchapter. 5

SECTION 52. Arkansas Code § 26-53-123(a), concerning liability for the 7 compensating use tax, is amended to read as follows: 8

(a) Every person storing, using, distributing, or consuming in this 9 state tangible personal property, specified digital products, a digital code, 10 or taxable services purchased from a vendor shall be liable for the tax 11 imposed by this subchapter, and the liability shall not be extinguished until 12 the tax has been paid to this state. 13

SECTION 53. Arkansas Code § 26-53-124(a)(1), concerning the collection 15 of the compensating use tax by a vendor, is amended to read as follows: 16

(a)(1)(A) Every vendor making a sale of tangible personal property, 17 specified digital products, a digital code, or taxable services directly or 18 indirectly for the purpose of storage, use, distribution, or consumption in 19 this state shall collect the tax from the purchaser and give a receipt for 20 the tangible personal property, specified digital products, digital code, or 21 taxable services. 22

(B) Subdivision (a)(1)(A) of this section includes all 23 out-of-state vendors who deliver merchandise and taxable services into 24 Arkansas in their own conveyance when such merchandise or services will be 25 stored, used, distributed, or consumed within this state. 26

(C) The sale of tangible personal property, specified 27 digital products, a digital code, or taxable services will shall be sourced 28 according to §§ 26-52-521 — 26-52-523. 29

SECTION 54. Arkansas Code § 26-53-125(a)(2), concerning the return and 31 payment of the compensating use tax, is amended to read as follows: 32

(2) Every vendor selling tangible personal property, specified 33 digital products, a digital code, or taxable services for storage, use, 34 distribution, or consumption in this state shall file with the director on or 35 before the twentieth day of each month a sales and use tax return for the 36

As Engrossed: H1/24/17 HB1162

30 01-12-2017 09:09:20 JLL091

preceding monthly period in such form as may be prescribed by the director, 1 showing: 2

(A) The total tax levied by this subchapter due on all 3 tangible personal property, specified digital products, digital codes, or 4 taxable services sold by the vendor during the preceding monthly period, the 5 storage, use, distribution, or consumption of which is subject to the tax 6 levied by this subchapter; and 7

(B) Such other information as the director may deem 8 necessary for the proper administration of this subchapter. 9

SECTION 55. Arkansas Code § 26-53-125(b), concerning the return and 11 payment of the compensating use tax, is amended to read as follows: 12

(b)(1) Every person purchasing tangible personal property, specified 13 digital products, a digital code, or taxable services of which the storage, 14 use, distribution, or consumption is subject to the tax levied by this 15 subchapter and who has not paid the tax due with respect to the tangible 16 personal property, specified digital products, digital code, or taxable 17 services to a vendor registered in accordance with the provisions of §§ 26- 18 53-121 and 26-53-122 shall file a return with the director on or before the 19 twentieth day of each month for the preceding monthly period in such a form 20 as may be prescribed by the director showing: 21

(A) The tax levied by this subchapter due on the tangible 22 personal property, specified digital products, digital code, or taxable 23 services purchased during the preceding monthly period; and 24

(B) Such other information as the director may deem 25 necessary for the proper administration of this subchapter. 26

(2) The return shall be accompanied by a remittance of the 27 amount of the tax required by this subchapter to be paid by the person 28 purchasing the tangible personal property, specified digital products, 29 digital code, or taxable services during the period covered by the return. 30

(3)(A) A return shall be signed by the person liable for the tax 31 or the person's authorized agent but need not be verified by oath. 32

(B) A return filed electronically does not need to be 33 signed. 34

SECTION 56. Arkansas Code § 26-53-131(a), concerning credit for the 36

As Engrossed: H1/24/17 HB1162

31 01-12-2017 09:09:20 JLL091

tax paid in another state, is amended to read as follows: 1

(a)(1)(A)(i) The provisions of this This subchapter shall does not 2 apply to any tangible personal property, specified digital products, a 3 digital code, or taxable services used, consumed, distributed, or stored in 4 this state upon which a like tax equal to or greater than the tax imposed by 5 this subchapter has been paid in another state. 6

(ii) Proof of payment of such a tax shall be made 7 according to the rules and regulations promulgated by the Director of the 8 Department of Finance and Administration. 9

(B) If the amount of tax paid in another state is less 10 than the amount of Arkansas compensating tax imposed on the property or 11 services by this subchapter, then the taxpayer shall pay to the director an 12 amount of Arkansas compensating tax sufficient to make the combined amount of 13 tax paid in the other state and this state equal to the total amount of 14 Arkansas compensating tax that would be due if no tax on the property or 15 services had been paid to any other state. 16

(2) No credit shall be given under this section for taxes paid 17 on the property or services in another state if that state does not grant 18 credit for taxes paid on similar tangible personal property, specified 19 digital products, digital codes, or services in this state. 20

SECTION 57. Arkansas Code § 26-53-146(b)(1), concerning the exemption 22 from the compensating use tax for qualified museums, is amended to read as 23 follows: 24

(b)(1) The storage, use, distribution, or consumption of any tangible 25 personal property, specified digital products, or a digital code by a 26 qualified museum is exempt from this subchapter. 27

SECTION 58. Arkansas Code § 26-53-201 is amended to read as follows: 29

26-53-201. Definition. 30

As used in this subchapter, “contractors” mean consumers of all 31 tangible personal property, specified digital products, or a digital code 32 used or consumed in the performance of a contract in this state and of all 33 tangible personal property, specified digital products, or a digital code 34 stored for use or upon which the contractor may exercise any right or power 35 in this state. 36

As Engrossed: H1/24/17 HB1162

32 01-12-2017 09:09:20 JLL091

SECTION 59. Arkansas Code § 26-53-203 is amended to read as follows: 2

26-53-203. Tangible personal property, specified digital products, or 3 a digital code procured from outside state for use by contractors. 4

(a)(1) All tangible personal property which is, specified digital 5 products, and digital codes that are procured from without this state for 6 use, storage, distribution, or consumption, including machinery, equipment, 7 repair or replacement parts, materials, and supplies used, stored, 8 distributed, or consumed by a contractor in the performance of a contract in 9 this state, shall be are subject to the compensating tax of four and five- 10 tenths percent (4.5%) of the purchase price as provided by the Arkansas 11 Compensating Tax Act, § 26-53-101 et seq., or four and five-tenths percent 12 (4.5%) of its market or book value, whichever is greater, if the property has 13 been subjected to prior use before coming to rest for use, storage, 14 distribution, or consumption within this state. The four and five-tenths 15 percent (4.5%) compensating tax shall be is in addition to any other 16 compensating taxes levied by the State of Arkansas. 17

(2) The tax shall be is due and payable regardless of whether or 18 not any right, title, or interest in the tangible personal property, 19 specified digital products, or digital code becomes vested in the contractor. 20

(b) In the case of leases or rentals of tangible personal property, 21 specified digital products, or a digital code by a contractor for use, 22 storage, distribution, or consumption in this state, the contractor shall 23 report and remit the compensating tax on the basis of rental or lease 24 payments made to the lessor of the tangible personal property, specified 25 digital products, or digital code during the term of the lease or rental, 26 which lease rentals shall be in accordance with written contracts between 27 lessor and lessee furnished to the Director of the Department of Finance and 28 Administration. 29

(c)(1) The provisions of this This subchapter shall does not apply in 30 respect to the use, consumption, distribution, or storage of tangible 31 personal property, specified digital products, or a digital code as defined 32 in this subchapter chapter for use or consumption in this state upon which a 33 like tax equal to or greater than the amount imposed by this subchapter has 34 been paid in another state, the proof of payment of the tax to be according 35 to rules and regulations made by the director. 36

As Engrossed: H1/24/17 HB1162

33 01-12-2017 09:09:20 JLL091

(2) If the amount of tax paid in another state is not at least 1 equal to or greater than the amount of tax imposed by the Arkansas 2 Compensating Tax Act, § 26-53-101 et seq., then the contractor shall pay to 3 the director an amount sufficient to make the tax paid in the other state and 4 this state equal to the total amount of tax due under Arkansas law. 5

(3) No credit shall be given under this section for taxes paid 6 on the property in another state if that state does not grant credit for 7 taxes paid on similar tangible personal property, specified digital products, 8 or digital codes in this state. 9

SECTION 60. Arkansas Code § 26-53-301 is amended to read as follows: 11

26-53-301. Authorization to enter. 12

(a) When in the judgment of the Director of the Department of Finance 13 and Administration it is necessary in order to secure the collection of any 14 tax, penalties, or interest due or to become due under this subchapter, the 15 director may negotiate agreements with the tax departments of other states in 16 respect to the collecting, reporting, payment, and enforcement of tax on 17 sales of tangible personal property, specified digital products, a digital 18 code, or taxable services to residents of Arkansas by a retailer maintaining 19 a place of business in the other state. 20

(b) In consideration of the agreement, the director may make similar 21 agreements for the collecting, reporting, payment, and enforcement of tax as 22 imposed by the other states on sales of tangible personal property, specified 23 digital products, a digital code, or taxable services to residents of other 24 states by retailers maintaining places of business in Arkansas. 25

SECTION 61. Arkansas Code § 26-57-904(a), concerning the tax levied on 27 the sale of soft drink syrup and simple syrup, is amended to read as follows: 28

(1) Two dollars ($2.00) One dollar and twenty-six cents ($1.26) 29 per gallon for each gallon of soft drink syrup or simple syrup sold or 30 offered for sale in the State of Arkansas; 31

(2) Twenty-one cents (21¢) Twenty and six-tenths cents (20.6¢) 32 per gallon for each gallon of bottled soft drinks sold or offered for sale in 33 the State of Arkansas; and 34

(3)(A) When a package or container of powder or other base 35 product, other than a syrup or simple syrup, is sold or offered for sale in 36

As Engrossed: H1/24/17 HB1162

34 01-12-2017 09:09:20 JLL091

Arkansas, and the powder is for the purpose of producing a liquid soft drink, 1 then the tax on the sale of each package or container shall be equal to 2 twenty-one cents (21¢) twenty and six-tenths cents (20.6¢) for each gallon of 3 soft drink which may be produced from each package or container by following 4 the manufacturer's directions. 5

(B) This tax applies when the sale of the powder or other 6 base is sold to a retailer for sale to the ultimate consumer after the liquid 7 soft drink is produced by the retailer. 8

SECTION 62. Arkansas Code § 26-57-905(3), concerning exemptions from 10 the Arkansas Soft Drink Tax Act, is amended to read as follows: 11

(3) Any powder or base product that is used in preparing coffee 12 or tea and any simple syrup used in preparing tea; 13

SECTION 63. EFFECTIVE DATE. Sections 2 through 62 of this act are 15 effective for tax years beginning on and after January 1, 2018. 16

17 /s/C. Fite 18

20 APPROVED: 02/07/2017 21